In some commercial truck accidents, the Federal Motor Carrier Safety Administration (FMCSA) requires employers to drug test the driver. The details of the requirements are found in 49 CFR Part 382.303.
Drug Testing after a Truck Accident
In minor accidents in which no one is injured or killed and no major property damage is present, the FMCSA does not require employers to test the truck driver for drugs.
However, if any of the following is true, employers must test the driver “as soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce.”
- There was a fatality.
- Somebody was injured and the truck driver received a citation.
- There was “disabling damage” to any vehicle in the accident and the vehicle was towed away and the truck driver received a citation.
The test must be administered within 32 hours of the accident. If it’s not, the employer will have to document why it didn’t test the driver and then submit a report to the FMCSA upon request.
The employer must use a test approved by the FMCSA. The following are the criteria the test must meet.
- A urine test for the use of controlled substances.
- Conducted by Federal, State, or local officials having independent authority for the test.
- Conformed to the applicable Federal, State or local controlled substances testing requirements.
- Obtained by the employer.
Consulting a Truck Accident Attorney in Clarksburg
If you or your loved one suffered injuries in truck accident in Clarksburg and you suspect the driver was likely under the influence of drugs or alcohol or otherwise at fault, call our team at the Miley Legal Group to discuss your legal options. You may obtain records from the truck company to support your case – but act quickly because the truck company may destroy records after a certain time period.
Contact us today at 304-931-4088 to schedule your free consultation.
